Monkhouse Law v. Belyavsky, 2024 ONSC 4970 involves a dispute between the law firm Monkhouse Law and its former client, Yefim Belyavsky, regarding the assessment of legal fees.
Key points from the case:
- Claim: Monkhouse Law sought an assessment of its legal fees amounting to $25,165.63, based on a contingency fee agreement with Mr. Belyavsky.
- Contingency Fee Agreement:
- Signed on April 5, 2021.
- Monkhouse Law was entitled to 30% of any amount recovered, plus HST and disbursements.
- If the retainer ended, fees were calculated at hourly rates.
- Outcome:
- The court found Monkhouse Law did not prove the reasonableness of its fees.
- The account was assessed at $2,000 (including disbursements and HST).
- Key Legal Considerations:
- Monkhouse Law bore the burden of proving the fairness of its account but failed to provide first-hand evidence from key professionals involved in the case.
- The court criticized the law firm for relying on affidavits from individuals with no first-hand knowledge of the work performed.
- Significant Issues:
- Lack of clear and direct evidence regarding the legal work performed.
- Poor documentation of hourly rates and tasks.
- Discrepancies between the fees charged and the services rendered.
This decision emphasizes the importance of proper evidence and documentation in fee disputes, especially in contingency fee agreements.
